TERMS AND CONDITIONS
Definitions
In these conditions “the Customer” means the person, firm or company who commissions the services of Creativitee T/A Luli Creative Design “the Company”. By commissioning the Company to undertake work “the project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following:
Fees
For each project, the Customer will receive an estimate outlining the project specifications and estimated fees for our time based on our
current hourly rate and, where appropriate, any goods and professional services commissioned by us in order to complete the project. We will
begin work upon the Customer’s written or verbal approval of the estimate and this will constitute an agreement between us. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for only 30 days from the date on the estimate.
Payment
Unless otherwise agreed in writing by the Company, all Customers will be required to pay 50% non refundable deposit of the project cost before work can begin and all subsequent balances due are payable upon final approval. We reserve the right without notice to charge interest on past due balances in line with the current The Bank of England base rate. We reserve the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts. All website related balances must be settled in full prior to launch of the website.
Revisions and alterations
New work requested by the Customer and performed by the Company after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised proposal/estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. It is normal practice for contact reports to be issued by the Company’s staff of meetings between the Customer and the Company. If the subject matter of a contact report is not questioned by the Customer within three working days of its receipt, it will be taken to be a correct record of the meeting to which it refers. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at our standard hourly rates.
Overtime and rushed orders
Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, our suppliers may increase their charges in respect of work required in a hurry.
Exclusion of liability
Under no circumstances whatsoever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.
Nature of copy and property belonging to others
The Customer agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.
Errors and omissions
It is the Customer’s responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his authorised representative is required on all proofs or artwork prior to release for printing or other implementation.
Over runs and under runs
Some printers’ terms enable them to deliver over or under the quantity ordered and to charge accordingly. In such cases the Customer will
accept over runs or under runs that do not exceed +/- 10% of the quantity ordered and the Company will bill for the actual quantity delivered within this tolerance.
Placement of advertising
At your request, we will purchase media space on your behalf which will be billed to you at current rates plus the standard agency commission. The Company cannot be held liable for advertising which does not appear on a particular time/date or issue or in a particular position or break.
Property and suppliers performance
The Company will take all reasonable precautions to safeguard property entrusted to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed matter. Although we may use our best efforts to guard against any loss arising from the failure of our suppliers, media, or others to perform in accordance with their commitments, the Company is not responsible for failure on their part. We cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his agents.
Lien
All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.
Rights of ownership
Once a project has been delivered by us and is fully paid for by the Customer, the Company will assign the reproduction rights of the design for the use(s) described in the proposal. According to copyright law, the rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators retained by the Company, or purchased from a stock agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (a Buyout) is negotiated on behalf of the Company, you may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and the payment of any additional fees before proceeding. Master artwork including roughs, visuals, mock-ups and presentations is the property of the Company and will not be released or copied for the Client or any third party to use in any way whatsoever without prior written agreement by a director of the Company. We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletter, brochures, presentations and website and for entry for awards. We will endeavour to store files on computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them without notice.
Limitation
The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agree to defend the Company in any actual lawsuit, claim or action arising in any way from our working relationship. This includes, but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials that we prepare and the customer approves before publication.
Force majeure
Production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Company. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.
General
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction.
TERMS AND CONDITIONS – GARMENTS/MERCHANDISE
Please note that in purchasing from Creativitee T/A Luli Creative Design , you accept and are bound by the terms and conditions set out below:
Clothing Returns Policy/Disclaimer
If you are ordering clothing and would like samples to try beforehand, these will be chargeable as plain items, plus any delivery charges. It is the buyer’s responsibility to return the plain garments back to us. If the items are returned ‘as new’ we will refund the cost of the plain garment (less any shipping costs) minus a 15% restocking charge. If you are returning the garments to be decorated there is no restocking charge.
Where timescales do not allow for samples to be sent and tried it is the buyer’s responsibility to check size guides of the garments being quoted for according to the manufacturer’s specification – we cannot be held accountable for any errors in these specifications as provided by the manufacturer. Please note this is a guide size and we cannot refund any orders where garments have been decorated that do not fit. Size guides will be provided on request. All bespoke garment and bespoke item orders are printed/embroidered on demand so we cannot accept returns once they have been decorated. If there are any issues with the decoration itself we will look to replace the garment on a like-for-like basis. Where stock may be unavailable we reserve the right to send an alternative garment option on replacement orders and we will always let you know where an alternative has been chosen prior to branding the replacement item for you.
Washing Instructions & Care Guide
All clothing provided by us is subject to careful washing instructions and care guides. If purchasing other items please note as a general rule all decorated (both printed and embroidered) items should be washed inside out at 30 degrees and not tumble dried or bleached. Do not iron any decoration. Any items that have not been washed in this way will not be accepted as faulty should any issues arise.
Copyright Infringement
It is the buyer’s responsibility to obtain any rights to use the logos sent to us. We will not accept any responsibility where a logo has been sent to us without authorisation by the copyright owner. Any artwork sent to us will be deemed as acceptable to use and that you as the client have obtained the necessary authorisation to use such artwork.
Please note that all images, text and logos are the intellectual property of Luli Creative Design and are not to be used without our written permission.
Photography & Artwork for Marketing
We reserve the right to photograph any items that we produce to publish on our website and social media platforms for use in general marketing purposes. If you do not wish for us to do this then please let us know at the point of order or contact us at info@luli.uk
Payment
All clothing and other supplied materials remain the property of Luli Creative Design until paid for in full. Payments for bespoke items is required when ordering. Once payment is received we will then process your order.
Once your design project is initiated and any preliminary artwork has been created by Luli Creative Design, all retainer payments made by you become non-refundable.
Once you have placed your order, you will not be able to make changes to the artwork you have supplied, you will become liable to charges if you need to amend or supply new artwork.
Order Quantity Changes
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
Delivery of Products
You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
Luli Creative Design requires any printing to be returned in full before agreeing to reprint. If Luli Creative Design deem the printing to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
Liability
Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out under ‘Delivery of Products’ section.
We are not liable for any financial loss incurred by you, including but not limited to expenses incurred by you, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
Nothing in these terms and conditions shall affect the rights of a consumer.
Refunds
We Reserve the right to rectify defective work by reprinting and shall not be liable to refund.
Luli Creative Design will credit your account if we deem a refund should be made.
If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.
If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us.
All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
Refunds will take 3 to 4 working days to complete once Luli Creative Design has agreed to refund. This cannot be completed any faster.
CANCELLATION CHARGES Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made. If the order has not yet been paid for then an invoice will be raised for the amount concerned and sent to the responsible party.
Complaints
Complaints must be made within 48 hours of receiving your goods. The complaint will be assessed and if Luli Creative Design deems it necessary, a reproduction may be offered. Any complaints made after 48 hours are automatically void of any offer to reprint/reproduce and may not be assessed.
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